US-Led Abuse and Rendition of Opponents to Gaddafi’s Libya

Delivered Into Enemy Hands

All we seek is justice.… We hope the new Libya, freed from its dictator, will have positive relationships with the West. But this relationship must be built on respect and justice. Only by admitting and apologizing for past mis-takes … can we move forward together as friends. —Abdul Hakim Belhadj, military commander during the Libyan uprising who had been forcibly returned to Libya in 2004 with US and UK involvement, Libya, April 12, 2012

When rebel forces overtook Tripoli in August 2011, prison doors were opened and office files exposed, revealing startling new information about Libya’s relations with other countries. One such revelation, documented in this report, is the degree of involvement of the United States government under the Bush administration in the arrest of opponents of the former Libyan Leader, Muammar Gaddafi, living abroad, the subsequent torture and other ill-treatment of many of them in US custody, and their forced transfer to back to Libya.

The United States played the most extensive role in the abuses, but other countries, notably the United Kingdom, were also involved.

This is an important chapter in the larger story of the secret and abusive US detention program established under the government of George W. Bush after the September 11, 2001 attacks, and the rendition of individuals to countries with known records of torture.

This report is based mostly on Human Rights Watch interviews with 14 former detainees now residing freely in post-Gaddafi Libya and information contained in Libyan government files discovered abandoned immediately after Gaddafi’s fall (the “Tripoli Documents”). It provides detailed evidence of torture and other ill-treatment of detainees in US custody, including a credible account of “waterboarding,” and a similar account of water abuse that brings the victim close to suffocation. Both types of abuse amount to torture. The allega-tions cast serious doubts on prior assertions from US government officials that only three people were waterboarded in US custody. They also reflect just how little the public still knows about what went on in the US secret detention program.

The report also sheds light on the failure of the George W. Bush administration, in the pursuit of suspects behind the September 11, 2001 attacks, to distinguish between Islam-ists who were in fact targeting the United States and those who may simply have been engaged in armed opposition against their own repressive regimes. This failure risked aligning the United States with brutal dictators and aided their efforts to dismiss all political opponents as terrorists.

The report examines the roles of other governments in the abuse of detainees in custody and in unlawful renditions to Libya despite demonstrable evidence the detainees would be seriously mistreated upon return. Countries linked to these accounts include: Afghanistan, Chad, China and Hong Kong, Malaysia, Mali, Mauritania, Morocco, the Netherlands, Pakistan, Sudan, Thailand, and the United Kingdom.

Finally, the report shows that individuals rendered to Libya were tortured or otherwise ill-treated in Libyan prisons, including in two cases where the Tripoli Documents make clear the United States sought assurances that their basic rights would be respected. All were held in incommunicado detention—many in solitary confinement— for prolonged periods without trial. When finally tried, they found that the proceedings fell far short of international fair trial standards.

Source: Human Rights Watch